Legal Opinion

1165 Fifth Avenue Corp. v. Alger

New York Court of Appeals

Decided April 23, 1942PublishedCited by 9 opinions

1Opinion of the CourtDesmond, J.

This controversy was submitted to the Appellate Division, first department, upon an agreed statement of facts.

Plaintiff, a domestic corporation, owns the land and building at 1165 Fifth avenue in the city of New York. These premises are used as a “ cooperative ” apartment house, in which a person becomes a “ tenant-owner,” entitled to occupy one apartment, by purchasing an appropriate number of shares of plaintiff’s stock and by executing a lease of the particular apartment, for a term of ninety-nine years, which lease requires that the “ tenant-owner ” pay an annual rent of one dollar, plus…

2Cases cited4 opinions

  1. Feist v. Fifth Avenue BankNew York Court of Appeals · 1939
  2. Guarantee & Trust Co. v. Mortgage CommissionNew York Court of Appeals · 1936
  3. Matter of City of N.Y. (Vernon Parkway)New York Court of Appeals · 1941
  4. 1165 Fifth Avenue Corp. v. AlgerAppellate Division of the Supreme Court of the State of New York · 1941

3Cited by9 opinions

  1. Hicks v. BigelowDistrict of Columbia Court of Appeals · 1947
  2. Shadeland Development Corp. v. MeekIndiana Court of Appeals · 1986
  3. Jenkins v. John Taylor Dry Goods Co.Supreme Court of Missouri · 1944
  4. Aviation Associates, Inc. v. Virgin Islands Port AuthoritySupreme Court of The Virgin Islands · 1990
  5. Clayton v. Communications Capital Corp.Court of Appeals of Arizona · 1968

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